KISSU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellants have preferred this appeal against the judgment dated 13.11.1996 passed by the learned Additional Sessions Judge, Shahdol in S.T.No.69/1994, whereby the appellant was convicted for the offence punishable under section 304 (Part-I) of IPC and sentenced for 10 years' rigorous imprisonment.

(2.) PROSECUTION's case, in short, is that, on 14.11.1993, at about 3 p.m., the deceased Ramesh Baiga went to the village Mahimar to invite his friend Faggu (P.W.2) for dinner. In the evening, when the deceased along with Faggu (P.W.2) were going towards the house of the deceased Ramesh, Sadiya met them on the way. Thereafter, when they were passing by the house of the appellants, Ramesh found that the appellants and other persons were quarreling in the house and therefore, Ramesh went inside to resolve the problem. The appellants objected that the deceased Ramesh entered their house with his shoes on and therefore, a new quarrel started between the appellants and the deceased Ramesh. The appellants and their companions had assaulted the deceased. The appellants assaulted the deceased by rod and sticks. The appellant Kissu assaulted the deceased on chest, whereas the appellant Jagaia assaulted the deceased on back and on nose. The deceased died at the spot. An intimation was given to Jugni Bai (P.W.8), wife of the deceased, who had lodged an FIR, Ex.P/6 at Police Station Umariya. The dead body of the deceased was taken by the police after making a Panchnama Lash, His dead body was sent for post-mortem. Ex.P/3. Dr.A.P.Dwivedi (P.W.6) did the post-mortem upon the body of the deceased and gave a report, Ex.P/5. He found a simple injury on the nose of the deceased but, in the chest an oblique contusion was found on the left side, above the nipple. On opening of the wound, it was found that membrane which covers the heart was filled with blood and injury was caused to the heart of the deceased. Due to collection of blood, the deceased died by heart failure and failure of respiratory system. After due investigation, the police had filed a charge-sheet before the Additional Chief Judicial Magistrate, Umariya against so many persons including the appellants, who committed the case to the Sessions Court, Umariya and ultimately, it was transferred to the Additional Sessions Judge, Umariya.

(3.) ON the other hand, learned Panel Lawyer has submitted that the evidence given by Faggu (P.W.2) appears to be trustworthy. Injuries caused by the appellant Kissu was fatal in nature. Contusion found on the chest was oblique and therefore, it was struck to the deceased in such a manner that it damaged the wall of the heart from the gap of ribs and therefore, no rib was found broken. It was not proved beyond doubt that the deceased went inside the house of the appellants to outrage the modesty of any woman. ON the contrary, it is proved by the witness Faggu (P.W.2) that the appellants and their companions were quarreling, before the entrance of the victim in their house. The trial Court has rightly convicted and sentenced the appellants and no interference is required in the appeal.